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Petitioner: MUHAMMAD- AMIN VS Respondent: SECRETARY, GOVERNMENT OF PAKISTAN, ESTABLISHMENT DIVISION, RAWALPINDI.
1992 P L C (C
1992 P L C (C.S.) 1386
[Supreme Court of Pakistan]
Present: Abdul Qadeer Chaudhry, Muhammad Rafiq Tarar and Wali Muhammad Khan, JJ
Ch. MUHAMMAD AMIN
Versus
SECRETARY, GOVERNMENT OF PAKISTAN, ESTABLISHMENT DIVISION, RAWALPINDI and 19 others
Civil Appeal No. 525 of 1990, decided on 3rd September, 1992.
(On appeal from the judgment of the Federal Service Tribunal, Islamabad, dated 1-11-1989 in Appeal No. 163(R) of 1988).
(a) Civil service---
---- USTACODE, 1983 Edition, para. 7---Lateral entry in Police Service-- Selection of Superintendent of Police through lateral entry to the rank of Deputy Inspector-General of Police--Validity---Seniority---Provision of "lateral entry" in Estacode, 1983 provided no limitation or bar that a Superintendent of Police could not be selected through lateral entry to the rank of Deputy Inspector-General of Police---Appellant being eligible for the post was selected by Selection Board after his suitability and fitness were determined by the said Board---Appellant was not disqualified under relevant rule to such promotion through lateral entry---Appellant having been appointed
in Grade-19, earlier than respondents, would be senior to respondents---Appellant's seniority had thus, been correctly fixed in the list of seniority and his appointment to the post in question, through lateral entry was also justified.
PLJ 1982 Tr. C. (S) 165,1983 PLC (C.S.) 995,1985 PLC (C.S.)133 and 1987 PLC (CS) 185 ref.
(b) Service Tribunals Act (LXX of 1973)---
----S. 4---Constitution of Pakistan (1973), Art. 212(3)---Appeal before Service Tribunal---Limitation---Gradation list was received by appellant on 31-5-1987---Appellant having applied for necessary documents filed his representation on 17-2-1988, after receipt of those documents and after waiting for statutory period submitted his appeal .before Service Tribunal on 14-6-1988---Appeal before Seance Tribunal would be deemed within time in circumstances.
Zafar Pasha Chaudhry, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate-on-Record (absent) for Appellant.
Ch. Ijaz Ahmed, Dy. Attorney General and Ch. Akhtar Ali, Advocate -on-Record for Respondent No. 1.
D.M. Awan, Advocate Supreme Court and Ijaz Muhammad Khan, Advocate-on-Record for Respondents Nos. 9,10, 11 and 19.
Date of hearing: 28th June, 1992.